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665 Phil. 268
FIRST DIVISION
[ G.R. No. 173198, June 01, 2011 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOLORES
OCDEN, ACCUSED-APPELLANT.
DECISION
LEONARDO-DE CASTRO, J.:
For Our consideration is an appeal from the Decision[1] dated April 21, 2006 of the
Court of Appeals in CA-G.R. CR.-H.C. No. 00044, which affirmed with modification the
Decision[2] dated July 2, 2001 of the Regional Trial Court (RTC), Baguio City, Branch
60, in Criminal Case No. 16315-R. The RTC found accused-appellant Dolores Ocden
(Ocden) guilty of illegal recruitment in large scale, as defined and penalized under
Article 13(b), in relation to Articles 38(b), 34, and 39 of Presidential Decree No. 442,
otherwise known as the New Labor Code of the Philippines, as amended, in Criminal
Case No. 16315-R; and of the crime of estafa under paragraph 2(a), Article 315 of the
Revised Penal Code, in Criminal Case Nos. 16316-R, 16318-R, and 16964-R.[3] The
Court of Appeals affirmed Ocden's conviction in all four cases, but modified the
penalties imposed in Criminal Case Nos. 16316-R, 16318-R, and 16964-R,
The Amended Information[4] for illegal recruitment in large scale in Criminal Case No.
16315-R reads:
That during the period from May to December, 1998, in the City of Baguio,
Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, did then and there willfully, unlawfully and feloniously for a
fee, recruit and promise employment as factory workers in Italy to more
than three (3) persons including, but not limited to the following: JEFFRIES
C. GOLIDAN, HOWARD C. GOLIDAN, KAREN M. SIMEON, JEAN S. MAXIMO,
NORMA PEDRO, MARYLYN MANA-A, RIZALINA FERRER, and MILAN DARING
without said accused having first secured the necessary license or authority
from the Department of Labor and Employment.
Ocden was originally charged with six counts of estafa in Criminal Case Nos. 16316-R,
16318-R, 16350-R, 16369-R, 16964-R, and 16966-R.
The Information in Criminal Case No. 16316-R states:
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/37842
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